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CIRCULAR

On the detailed classification of production raw materials, supplies and components which are exempt from import tax under clause 15, article 16 of the government's Decree no. 149/2005/ND-CP of december 8, 2005, detailing the implementation of the Law on import tax and export tax

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, on the functions, tasks, powers and organizational structure of the Ministry of Trade;

Pursuant to the Government's Decree No. 149/2005/ND-CP of December 8, 2005, detailing the implementation of the Law on Import Tax and Export Tax;

Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Investment Law;

After reaching agreement with concerned ministries and branches,

The Ministry of Trade hereby guides the detailed classification of production raw materials, supplies and components which are exempt from import tax under Clause 15, Article 16 of the Government's Decree No. 149/2005/ND-CP as follows:

I. GENERAL PROVISIONS

1. Subjects of application and governing scope

Investment projects in domains entitled to special investment preferences (Part A - Appendix I to Decree No. 108/2006/ND-CP) and geographical areas with exceptional socio-economic difficulty (Appendix II to Decree No. 108/2006/ND-CP) and investment projects for the production of mechanical, electrical and electronic components and spare parts are exempt from import tax on production raw materials, supplies and components for five years from the date of commencement of production.

2. Interpretation of terms

a/ "Production raw materials" means raw materials to be processed and/or manufactured which directly constitute products prescribed in investment certificates.

b/ "Supplies" means necessary materials to be used in the process of producing products, which, however, do not directly constitute products.

c/ "Components" means electronic, semi-conductor or mechanical details imported for assembly of complete products.

3. General conditions for production raw materials, supplies and components to be exempt from import tax

a/ Production raw materials, supplies and components are not on the list of raw materials, supplies and semi-products which can be produced at home, promulgated by the Ministry of Planning and Investment.

b/ Production raw materials, supplies and components do not include scraps and defective products.

c/ Supplies do not include packing materials and packings for finishing products; spare parts, oil and grease used for maintenance and operation of machines and equipment; and industrial cleaning chemicals.

4. Amendments and supplements to the classification

The classification of production raw materials, supplies and components which are exempt from import tax prescribed in this Circular shall be amended or adjusted to suit practical conditions at the proposal of specialized state management agencies.

II. Classification of production raw materials, supplies and components that are exempt from import tax

A. Investment projects in domains entitled to special investment preferences

1. Manufacture of new materials and generation of new energy; manufacture of products of high technology, biotechnology and information technology; mechanical manufacturing

a/ Manufacture of composite materials, light construction materials, precious and rare materials

- Initial structureless materials for manufacturing composite materials, light construction materials, precious and rare materials;

- Additives.

b/ Manufacture of high-quality steel alloys, special metals, porous iron and steel cast

- Steel casts and non-ferrous metal casts used for manufacturing high-quality steel, alloys, non-ferrous metals, special metals and porous iron;

- Metal ores and iron ores for manufacturing steel casts;

- Surface coatings;

- Antirust agents and fireproof agents used in metallurgy;

- Supplies and fluxes used in metallurgy.

c/ Production of medical equipment for analytical and extractive technology in the medical sector; orthopaedic equipment, wheelchairs and special devices for the disabled

- Manufactured metals in any form of plate, bar, roll or tube;

- Plating agents, assorted paints, heat-resistant and electricity-insulating coatings, solders;

- Polishing agents, parting agents, fireproof agents;

- Electronic and semi-conductor details.

d/ Application of advanced technology and biotechnology for production of medicines for human use up to international GMP standards; production of antibiotic materials

- Inorganic and organic chemicals for production of antibiotic materials and medicines for human use;

- Bacteria to be cultured for making antibiotics;

- Bacteria-culturing environment;

- Extracts from bacterium-culturing environment.

e/ Production of computers, information, telecommunication and Internet equipment and key information technology products

- Manufactured metals in any form of plate, bar, roll or tube;

- Plating agents, assorted paints, heat-resistant and electricity-insulating coatings, solders.

f/ Production of semi-conductors and hi-tech electronic components.

- Initial materials for production of semi-conductors;

- Electronic and semi-conductor details

g/ Investment in the production and manufacture of precision engineering devices; equipment and machinery for examination and control of industrial manufacturing safety; industrial robots

- Manufactured metals in any form of plate, bar, roll or tube;

- Plating agents, assorted paints, heat-resistant and electricity-insulating coatings, solders;

- Polishing agents, parting agents and fireproof agents;

- Electronic and semi-conductor details, electronic component assemblies for assembling controllers.

2. Breeding, rearing and growing agricultural, forest and aquaculture products; salt making; production of artificial varieties, new plant varieties and livestock breeds

a/ Afforestation, tending of forests;

- Seedlings;

- Veterinary drugs;

- Plant protection drugs;

- Fertilizers;

- Chemicals for tending trees.

b/ Breeding, rearing, and growing agricultural, forest and aquaculture products on uncultivated land areas or unexploited waters

- Seedlings, breeding animals, hatching eggs and sowing seeds;

- Feeds for breeding animals;

- Veterinary drugs;

- Plant protection drugs;

- Fertilizers;

- Chemicals for tending seedlings and breeding animals;

- Substances for creating habitats for nurturing seedlings or breeding animals.

c/ Production of artificial varieties, new plant varieties and livestock breeds of high economic value

- Prototype strains of plants and livestock, hatching eggs and sowing seeds;

- Feeds for breeding animals;

- Veterinary drugs;

- Plant protection drugs;

- Fertilizers;

- Chemicals for tending seedlings and breeding animals;

- Substances for creating habitats for nurturing seedlings and breeding animals.

d/ Production, mining and refining of salt

- Unprocessed natural salts;

- Chemicals used in the production of commercial salts.

3. Use of high technology and modern techniques; protection of the ecological environment; research, development and nursery of high technology

a/ Treatment of pollution and protection of the environment; production of equipment for pollution treatment and equipment for observation and analysis of the environment.

- Manufactured metals in any form of plate, bar, roll or tube;

- Plating agents, assorted paints, heat-resistant and electricity-insulating coatings, solders;

- Chemicals for treatment of waste and pollution, and for protection of the environment;

- Microbiological raw materials for treatment of waste and pollution;

- Polishing agents, parting agents and fireproof agents;

- Electronic and semi-conductor details and electronic component assemblies for assembling controllers.

b/ Collection and treatment of wastewater, exhaust and solid waste; recycling and reuse of waste

- Assorted chemicals for treatment of wastewater, exhaust and solid waste;

- Microbiological raw materials for treatment of wastewater, exhaust and solid waste.

4. Labor intensive industries

Projects employing 5,000 or more laborers on a regular basis.

- Production raw materials;

- Supplies,

B. Investment projects in geographical areas with exceptional socio-economic difficulties

Investment projects in geographical areas with exceptional socio-economic difficulties are exempt from import tax on production raw materials and supplies but not components.

C. Projects on investment in the manufacture of mechanical, electrical and electronic components and spare parts

1. Manufacture of mechanical components and spare parts

- Manufactured metals in any form of plate, bar, roll or tube;

- Plating agents, assorted paints, heat-resistant and electricity-insulating coatings, solders, chemicals;

- Components for assembly of complete products, including:

+ Engines, transmission parts and gearbox of machines, equipment and means of transport.

+ Components and spare parts of engines, transmission parts and gearbox of machines, equipment and means of transport.

+ Components and spare parts of precision mechanical products.

2. Manufacture of electrical components and spare parts

The following production raw materials, supplies and components are exempt from import tax only when they are imported for the manufacture of spare parts and components of electricity-generating,

-transmitting, and -distributing equipment (including units of electricity generators, electricity-distributing and -transmitting equipment of the electricity service and transformer stations):

- Manufactured metals in any form of plate, bar, roll or tube;

- Chemicals, plating agents, assorted paints, heat-resistant and electricity-insulating coatings and solders;

- Metal conductors;

- Polishing agents, parting agents, fireproof agents;

- Electronic components, electronic assemblies, monitors used for assembly of controllers and for operation of the above machines and equipment.

3. Manufacture of electronic components

- Semi-conductors and boards used as printed circuits;

- Solders, binders, surface coatings and additives;

- Electronic components, mainboards, printed-circuit boards, capacitors, micro-processing chips (CPU), electronic chips (IC), resistors, potentiometers, sensors, semi-conductors, electric cables, signal cables and optical fibers.

III. Implementation provisions

1. This Circular replaces the Trade Ministry's Circular No. 07/2004/TT-BTM of August 26, 2004, guiding the detailed classification of production raw materials, supplies and components which are exempt from import tax for 05 years from the date of commencement of production, applicable to foreign-invested enterprises and parties to business cooperation contracts as specified in Clause 10, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003, except for the cases defined in Clause 2 below.

2. Projects which have been granted investment licenses or investment certificates and are entitled to exemption from import tax on production raw materials, supplies and components as specified in Clause 10, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003, and Clause 15, Article 16 of the Government's Decree No. 149/2005/ND-CP of December 8, 2005, will continue enjoying exemption from import tax on production raw materials, supplies and components till the expiration of the five-year duration starting from the date of commencement of production of products classified in Part II of the above-said Circular No. 07/2004/TT-BTM of the Trade Ministry.

3. This Circular takes effect 15 days after its publication in "CONG BAO."